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White House spokesmen said on Sunday that there would be no prosecutions of those involved in writing legal memos or making policy that embraced torture. But on Tuesday, in the midst of a press opportunity with the visiting Jordanian king, Obama did an abrupt about-face, denying he was prejudging the matter and insisting that the ball was fully in Attorney General Holder’s court. What was behind this dramatic turn-around? I give a glimpse under the tent in this account in The Daily Beast.
Senior Justice Department lawyers were “incensed” at the Emanuel and Gibbs statements, as one put it—not because they disagreed with Obama’s apparent opposition to an investigation and prosecution, but because the statements violated well established rules separating political figures in the White House from decisions about active criminal cases. The statements were viewed as a frontal assault on the autonomy and independence of the criminal justice system. “Emanuel got far ahead of the process and described it in a way that clearly suggested that political judgment was driving the entire process,” one senior Justice official told me. “It was depressing and amateurish.”
Holder is now close to a decision on whether to appoint a special prosecutor to look into torture allegations, and Rahm Emanuel’s misstep may have the ironic consequence of tipping the issue in the other direction.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
Ratio of money spent by Britons on prostitution to that spent on hairdressing:
A German scientist was testing an anti-stupidity pill.
A Twitter spokesperson conceded that a “Frat House”–themed office party “was in poor taste at best.”
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“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”